Abstract
In Van der Burg and Another v National Director of Public Prosecutions and Another 2012 (2) SACR 331 (CC), the South African Constitutional Court applied the best interests of the child provision provided for in the South African Constitution in deciding on the forfeiture of an imobil used by the parents of three minor children for illegally selling alcohol. This case shows the powerful impact of the best interests of the child when applied in areas of law which are not directly connected with the protection of the child. Much of the strength of this constitutional principle comes from the generous approach taken by the courts to its interpretation. This gives the South African constitutional jurisprudence a child-friendly imprimatur, which deserves to be emulated. The present note contains a summary and a brief analysis of the decision in its aspects relevant to the application by the Court of the best interests of the child. In the conclusions, the author prompts Romanian jurists to explore a few aspects pertaining to the judicial application of the best interests of the child principle, with a view to stimulating its jurisprudential development in Romania.